Replies to post #297172 on Amarin Corp Plc (AMRN)

[isaeed]

this needs to be seen by AMRN legal team.

[marjac]

Great find, HK. This may support a new infringement action, because as our learned Judge Du ruled in the previous action, "Reduce-It results are irrelevant."

[Biobillionair]

Great find HK...Amarin needs to OB new patent*, assert case law**, and threaten any and all generic launches.


*10,722,485
Osterloh , et al. July 28, 2020
Compositions and methods for lowering triglycerides without raising LDL-C levels in a subject on concomitant statin therapy

** In Astra Zeneca LP v. Apotex Inc. (“AstraZeneca”), the Federal Circuit ruled that a pioneer drug manufacturer would be irreparably harmed by the launch of a generic drug that would
“necessarily” be used by “some consumers” in an infringing
manner. The generic manufacturer claimed it did not possess
the “specific intent” to induce infringement, because it had
tried to remove all patented use information from its label, and
in any event, its drug was approved by FDA for various non-infringing uses. Nonetheless, the court held that a manufacturer
that intends to place a drug on the market knowing it will be
used in an infringing manner by some consumers would be liable for inducing infringement, for which the appropriate remedy is an injunction. The court said it did not matter that the
infringing use was mandated by FDA requirements, because
the manufacturer had other options for avoiding inducement.
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=158145015

BB

[Biobillionair]

I sited your Ihub post and forward case law to Amarin. BB

[MontanaState83]

HK - interesting. So here, we’re talking infringement on RIt right?

What is meant by “infringing use was mandated by FDA requirements”?